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AF-V - 40362/ \ ! \ � CI�IYOF� CITY OF FRIDLEY ��DL� COMMISSION APPLICATION REVIEW File Number File Date Meetinq Date 5 1/16/96 3/13/96 File DescriptioII: VAR 4�'96-05 7136 East River Road by Janet Lehrke Varianc� to allow two accessory structures in the front yard Complete Review Checklist; Return to The Community Development Department *** Comments *** Barbara Dacy Scott Hickok Michele McPherson Jon Wilczek John Flora Ron Julkowski Leon Madsen Dave Sallman Dick Larson � _ t .�`� ��,� � �,� _ � , ��'� /"� � APPEALS COI�IISSION MEETING, MARCH 13, 1996 PAiGE 6 M TION by Dr. Vos� seconded b Ms Request, VAR #96-04� by Joe Maert n setback from 100 feet to 35 feet to all tenant industrial building on Lot 3� BI east of 8251 Main Street N. E., with the f 9. 2. The petitioner shall submit a final hydraulic calculations. The petitioner shaN submit a. Industrial Distric�„ requirements. . Smith, to recommend approval of Variance s(M. B. Properties) to reduced the front yard the construction of a 32�500 square foot multi- , Caba Realty First Addition� generally located Ilowing stipulations: and drainage pian and the appropriate plan complying with the M 2� Heavy 3. The petitioner shall execute and record 'oint parking and driveway agreements between the subject paroel and the parce to the west UPON A VOICE VOTE, IMTH MS. SAVAGE, MS. SMITH AND DR. VOS VOTING AYE AND MR KUECHLE VOTING NAY, CHAIRPERSO SAVAGE DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. . Ms. McPherson stated the City Council would review 8. � 2 request at their meeting on April Per Section 205.04.05.B of the Fridley Gity C�e, to allow two acxessory structures in the frorrt yard in order to allow the construction of a 12 foot by 16 foot detached shed in the front yard and to allow placement of a 10 foot by 10 foot shed in the fror�t yard on that part of Lot 28, Revised Auditors Subdivision No. r'7, lying easterly of following described line: Beginning at a point on south line of said Lot 315.64 feet westerly of southeast comer of said Lot, then north at right angle from said south line #o north line of said Lot and there #erminating; except west 90 feet thereo� also except road; subject to easemerrt of reoord� the same being 7136 East River Road N. E. Mr. Hidcok stated the petitioner was aware of the meeting but saw attendance as optional and was not at the meeting. The petitioner has asked staff to come out and discuss some altematives. He asked #hat this item be continued to the next meeting on March 27. 3. Per Section 205.07.01.O;i.D.(3).(a) of the Fri ley City Code, to reduce the rear yard setbadc from 27 feet to 15 feet to allow the 'nued e�astence of a screened porch located under a dedc on Lot 1, Bla�c 1, Walt rrier First Addition, the same being 6496/98 Riverview TeRace N.E. � WIT�BAWN BY PETITIOPEIL ^ DEBCRiPT=ON OB REQDESTa Janet Lehrke has request�l consideration of a variance to allow two accessory structures to exist in the front yard of her home at 7136 East River Road. A 10' X 10' accessory structure currently exists in front of the Lehrke residence. BD�II�RY OF IB8DE8 a COD� BECTZON 205.04.05.8, states, pAccessory buildings and structures are permitt� in the rear yard and side yard only..." PETITIONER�B BTATED ffi�1RD8HIPs Ms. Lehrke has indicated that the reason that she cannot place her storage shed in the rear or siae yard is, "The north end of the lot is sloped, the south side has a lazge camopost pile which I am required to locate iri the back yard. The whole back yard is fenc� in by a chain link fence. The side yard is the location of a garden which is the only sunny spot other than right on the eclge of the highway. The physical layout of the land with the neighl�ring houses located where they are, would make it inappropriate to locate a 15� high storage shed in the back yard. If I were the neighbor on the west side, I wouldn't want an obstruction like a 15� shed to look at out my back window...The smaller shed is already there. I had no idea there was any city ordinance regarding shed location, until I neecled to apply for a building �rmit." Alternatives exist for these structures. Though the �titioner's front yard is larger than a typical front yard, staff believes that a relocated garden in the front yard is a better aesthetic alternative than allowing accessory atructures. REt�Il�IiIDED ACTIONB: Staff reco�er�ds denial of VAR# 96-05 due to the existence of accessory buildinq site alternatives on this property. VAR $96-05 7136 East Riv+er Road Page 2 !°"� � P 8 O J R C T D� T� I L B Petition Bora A variance to Code Section 205.04.05.B of the Fridley City Code to allow accessozy structures in the front yard in order to allow the construction of a 12' X 16' foot detached shed in the front yard arid to allaw a 10' X 10' shed in the front yard to remain. Location of Propertya Leqal Desaription of Propertys ei�ea Topoqraphya Esistinq Veqetation: Egiating Zoninq/Plattinqa Availabilitp of Munioipal IItilitiees va�� Accesea Pedeetrian Aaaesea 8ite Planninq Iasuesa Enqiaeerinq tssuesa 7136 East River Road That part of Lot 28, Revisecl Auditor's Subdivision No. 77, lying eastesly of the followinq described line: Beginning at a point on south line of said lot 315.64 feet westerly of southeast corner of said lot, then north at right from said south line to north line of said lot ar�d there terminating; except west 90 feet thereof� also except road; subject to easement of record, the same being 7136 East River Road N.E. Fridley, Minnesota, 55432. Approximately .54 acres Flat Urban lawn, mature trees R-1, Single Family Residential, Part of Auditor Subdivision No. 77 co�� East River Road Bikeway/walkway easement traverses site near road None VAR i�96-05 7136 East River Rcad Page 3 � � � �►�ai � :�v��M 4' BD�II�Il�I�Y OB I88DE8 S Ms.)anet Lehrke has requested consideration of a variance to allow a second (ar�d third) accessory structure to exist in the front yard of her home. The Tpl+rke ha�e is located in a single family residential neighborh�d along East River Road. The re�idence is set back on the rear of the lot, hcwever, there is a 32' rear yard and a 27� (south) side yard. CODE BECTION 205.04.05.H, states, Accessory buildings and structures are permitted in the rear yard and side yard only, subject to the following restrictions: (1) Accesaory buildings and atructures in the rear yard shall not be any closer than three (3) feet to any lot line. (2) Accessory buildings and structures in the side yards shall not be any closer than five (5) feet to any lot line except in the case of additions to exist3.ng, attached single-car garages, where the side yard may be reduced to less than five (5) feet from the property line provided the expanded garage will � no wider than twenty-two (22) feet... (4) Any accessory building or structure within three (3) feet of the principal buildirig shall be considered attached and part of the principal building for applying setback regulation�. (5) Unless otherwise herein specified, no accessory building or structures shall exceed the height or the size of the principal building. (6) Accessory buildings or structures shall not occupy more than thirty-five percent (35�) of the area of a required rear yard. HI8To0RY a The Lehrke home was constructed in 1950. In 1986 the owners of the Lehrke property subdivided this property to create an additional lot west of the Lehrke home. Later subdivisions oceurred on the larnd that surrow�ds this haane. PETIT=ONER�B BTATED �11tD8HIPa Ms. Lehrke has indicated that the reason that she cannot place her storage shed in the rear or side yard is, "The north end of the lot is slo�d, the south side has a large �ost pile which I am required to locate in the back yard. The whole back yard is fenced in by a chain link fence. The side yard is the location of a garden which is the only sunny spot other than right on the ec�ge of the highway. The physical layout of the land with the neighborinq houses located where they are, would make it inappropriate to �'"'� �--� VAR $96-05 7136 East River Road Page 4 locate a 15' high storage shed in the back yard. If I were the neiqh�r on the west side, I wauldn't want an obstruction like a 15' sh� to look at out my back wir�a�r...The smaller shed is already there. I had no idea there was any city ordinanc� regarding shed location, until I needed t� apply for a buildinq permit." Staff believes the combination of physical characteristics on this site are not significant enough to rule out the rear or side yard area as l�ations for accessory structures. The Lehrke front yard is large and is more typical of a home in a rural setting. Adequate space does exist to allow site lites of adjacent homes to be left relatively unobstructed. The practice of allowing accessory structures in the front yard is the larger issue to conaider in this request. Although both the side yard garden and Ms. Le�hrke's desire to preserve o�n space for her neighbors are admirable elements, the alternative is not appropriate. Staff believes that a relocated garden in the front yard is a better aesthetic alternative than accessory structures. Therefore, staff reaommends denial o€ VAR# 96-05. REO�I�Il�NDF�D i�cr=oxBa Staff recomm�ends denial of VAR# 96-05 due to the existence of accessory building site alternatives on this property. APPEAI�B CO1rIIrIIBBION RE�DATIONt To be determined C�.��=T�:,��M��+�� WEST: Zoning: R-1, Sinqle Family Dwelling SOUTH: Zoning: R-1, Single Family Dwelling EAST: Zoning: R-1, Single Family Dwelling (across East River Road) NQ8',�, Zoninq: R-1, Single Family Dwelling Compreheneive Planninq Ie9uest Public Hearinq Co�enta: eonsistent To be taken Land Use: S.F. Land Use: S.F. Land Use: S.F. Land Use: S.F. �"�1 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 � ' � �"'`, (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT Address: VARIANCE APPLICATION F4RM ZMATI - site plan re uired for submittal; see attached � . � �� Property Identifica ' n Number (P ) Lega1 descri tion: �t Block � Current zoning: � Sq Reason for variance and hardship: � Se� Have you opera.ted a business in a ciry which required a business license? Yes No i� If yes, which city? � Tra.cdAddition If yes, what type of business? Was that license ever denied or revoked? Yes No �_ FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must s g tlus form prior to processing) N� J� �-T� �I� ��j��1 /�� ss Ir SIGNA PETITIONER INF RMATION N��_o% 1� 12 �'�12�� SIGNATURE Fee: $100.00 �$ 60.00 Permit VAR #�� (' Application received by: � ��u.- Scheduled Appeals Commission date: . Scheduled City Council date: YTIlVIE PHONE �nv� for residential properties # i �� _ n /�! �/3 - TE 3 ��-�'3 l� �1 � A a 0 UW a � H H U � E� z �o z� o� HO �� a H U z �z 00 UH � � H E-� U HW UG z 0 H N � a u� a�O� �UQ z 0 H E-� � U H aw aH �a � N N � PUBLIC HEARING BEFORE THE APPEALS COMMISSION � Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Wednesday, March 13, 1996, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #96-05, by Janet Lehrke: Per Section 205.04.05.B of the Fridley Zoning Code, to allow two accessory structures in the front yard in order to allow the construction of a 12 foot by 16 foot detached shed in the front yard and to allow placement of a 10 foot by 10 foot shed in the front yard on that part of Lot 28, Revised Auditor's Subdivision No. 77, lying easterly of following described line: Beginning at a point on south line of said Lot 315.64 feet westerly of southeast comer of said Lot, then north at right angle from said south line to north line of said Lot and there terminating; except west 90 feet thereof; also except road; subject to easement of record, the same being 7136 East River Road N.E., Fridley, Minnnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 572-3593. Hearing-impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 6, 1996. r 2� � � s � �;��. � n�.�� .� �� , . �� a �� . . � G� , , � �� . � � � �' / � � � � �� -� � � ` `- - � �°� v ��- � , � 9 , �� Q l�� , . C�� ;� �� , � ��.. � 1 � � tOM tBAM4ERS TITLE �� TO i612 674 1?10 /�92.06-01 09t49FlM i�127 P.07/10 ,�srsi Am�errcan,7�tle PLAT Q�iAW I NCa ._ Insura�►ce Compar�y � ' . . �rHjs �s n►or a su�v�Y) . . � I � ��V �� INSI? 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' . i . � � . i 1 • '` � . � � • . � • ' .� � , . i . . i • � � . � ( , ! � • 1, . � � � • • ' ' � The Company Aseures 1ho Ineurod 1Nal Ihe �brn►e dlapram Indlcates U�s�'dimonslons at U�o Iand and the Ic�callons ot thc+ �sementa and imqrovemo�ts o� 1he land deBOrlbod tn the inaurod Mortdegt+, ae ehowri by thnae County �eoords wl�wh undor U�a recordinp lows_ Impart ....�.o�� nttva nnuca. Thtm dianrom Is bseed w► v�sual and tttl�ed Inspeol{on and le Chflrted l0 ApproXlmele IOGflUon, and 1i�er810r0 lo h01 a• MAILING UST �"'� � VAR #96-05 7136 EAST RIVER ROAD JANET LEHRKE 7136 EAST RIVER ROAD FRIDLEY MN Ss432 LYNN & KARIE BERGERON OR RESIDENT 110 ALDEN CIRCLE NE FRIDLEY MN 55432 MICHAEL & KATHLEEN MOORE OR RESIDENT 130 71 1/2 WAY NE FRIDLEY MN 55432 THOMAS 8 KATHERINE KUPP OR RESIDENT 7130 RNERWOOD DR FRIDLEY MN 55432 MICHAEL 8 JOANNE KORLUKA OR RESIDENT 7127 RNERWOOD DR NE FRIDLEY MN 55432 ROBERT 8 CATHY BARKER OR RESIDENT 161 71 ST WAY NE FRIDLEY MN 55432 BRUGE 8� SUZANNE HANLEY 132 ALDEN CIRCLE NE FRIDLEY MN 55432 RESIDENT 115 71 1 i2 WAY NE FRIDLEY MN 55432 GARY 8 JENA ENGELBRECHT OR RESIDENT 124 71 1/2 WAY NE FRIDLEY MN 55432 PHILIP 8 SUSAN JACOBSON OR RESIDENT 7120 RNERWOOD DR NE FRIDLEY MN 55432 GARY 8 BEVERLY LARSON OR RESIDENT 7121 RNERWOOD DR NE FRIDLEY MN 5�32 ROBERT 8� DONNA SEBASTIAN OR RESIDENT 151 71 ST WAY NE FRIDLEY MN 55432 ARTHUR 8 A J HOFF OR RESIDENT 100 ALDEN CIRCLE NE FRIDLEY MN 55432 COMAL & RAJWANTI MAHADEO OR RESIDENT 136 71 12 WAY NE FRIDLEY MN 55432 JAY 8 KAREN MELVILLE OR RESIDENT 7126 RIVERWOOD DR NE FRIDLEY MN 55432 DAVID 8 KATHLEEN TUENGE OR RESIDENT 7133 RNERWOOD DR NE FRIDLEY MN 55432 JAMES 8 DIANE FELTON OR RESIDENT 7115 RNERWOOD DR NE FRIDLEY MN 55432 PATRICK 8� JENNY CHONG OR RESIDENT 141 71 ST WAY NE FRIDLEY MN 55432 TANG MUN OR RESIDENT BARBARA 1NESTPHAL OR RESIDENT RICHARD & SUSAN MALECEK OR 131 71 ST WAY NE 121 71 ST WAY NE RESIDENT FRIDLEY MN 55432 FRIDLEY MN 55432 7139 RIVERWOOD DR NE FRIDLEY MN 55432 KERMINE BENDER OR RESIDENT 146 71 ST WAY NE FRIDLEY MN 55432 RODNEY & DONNA SALO OR RESIDENT '136 71 ST WAY NE FRIDLEY MN 55432 DENNIS ANDERSON OR TENANT 124 71 ST WAY NE FRIDLEY MN 55432 TIMOTHY LUHRS 8 NANCY HAGEL RESIDENT ABRAHAM 8� JUNE NICHOLS OR OR RESIDENT 102 71 ST WAY NE RESIDENT 114 71 ST IAIAY NE FRIDLEY MN 55432 ' 7091 HICKORY DR NE FRIDLEY MN 55432 FRIDLEY MN 55432 MAILING LIST - PAGE 2 VAR #96-05 7136 EAST RNER ROAD ROBERT 8� R J AGERBECK OR RESIDENT 7105 EAST RIVER ROAD FRIDLEY MN 55432 RICHARD 8 DOLORES SMALLWOOD OR RESIDENT 7180 EAST RNER ROAD FRIDLEY MN 55432 � DONALD FOREMAN OR RESIDENT 7092 HICKORY DR NE FRIDLEY MN 55432 RICHARD 8 SIRITIP HELTON OR RESIDENT 60 ALDEN CIRCLE NE FRIDLEY MN 55432 CYNTHIA NEWCOMBE OR RESIDENT PETER & IDA PANCHYSITYN OR 7165 EAST RIVER ROAD REStDENT FRIDLEY MN 55432 7155 EAST RNER ROAD FRIDLEY MN 55432 SANDRA CONLON OR RESIDENT 7129 ASHTON AVE NE FRIDLEY MN 55432 bONALD 8� KATHY MCMILLON OR RESIDENT 7119 ASHTON AVE NE FRIDLEY MN 55432 DEAN 8 KATHERINE WAYTASHEK OR RESIDENT 7109 ASHTON AVE NE FRIDLEY MN 55432 ARNOLD 8 TAMARA ASPENSON OR RESIDENT 112 71 12 WAY IdE FRIDLEY MN 55432 NANCY THOLE OR RESIDENT 111 71 ST WAY NE FRIDLEY MN 55432 MICHAEL & JEAN MATTSON OR RESIDENT 103 71 1/2 WAY NE FRIDLEY MN 55432 CITY COUNCIL RESIDENT 7125 ASHTON AVE NE FRIDLEY MN 55432 RESIDENT 7115 ASHTON AVE NE FRIDLEY MN 5�32 ROBERT BAUMGARTNER OR RESIDENT 7107 ASHTON AVE NE FRIDLEY, MN 55432 FREDERICK 8 B L SEVERNI OR RESIDENT 7145 RNERWOOD DR NE FRIDLEY MN 55432 BHOJ & UTRA PREMSUKH OR RESIDENT 101 71 ST WAY NE FRIDLEY MN 55432 GARY SCHANTZEN RR 8 BOX 22 NORMAL IL 61769 � COUNTY OF ANOKA HIGHWAY DEPT 325 EAST MAIN ST ANOKA MN 55303 ALFRED & JOAN LATOUR OR RESIDENT 80 ALDEN CIRCLE NE FRIDLEY MN 55432 JAMES YOUNG OR RESIDENT 7135 EAST RIVER ROAD FRIDLEY MN 55432 ANOKA CTY COMM ACTION PROG 1201 89TH AVE NE BLAINE MN 55434 DIANE 8 JOSEPHINE NAUMOVICH OR RESIDENT 100 71 1iL WAY NE FRIDLEY MN 55432 GREGORY 8 MARY MANESS OR RESIDENT 106 71 12 WAY NE FRIDLEY MN 55432 ROLLIN & JEAN GOLDSBERRY OR RESIDENT 7151 RNERWOOD DR NE FRIDLEY MN 55432 GARY OBRYCKI OR RESIDENT 105 71 12 WAY NE FRIDLEY MN 55432 DIANE SAVAGE 567 RICE CREEK TERRACE NE FRIDLEY MN 55432 / N VAR #96-05 7136 East River Road LOCATION MAP